Principles of Business Governance Case Study 2022

RUNNING HEAD: PRINCIPLES OF BUSINESS GOVERNANCE
Principles of
Business Governance

PRINCIPLES OF BUSINESS GOVERNANCE
Part A
Issue
The primary question in this scenario is whether Ranger has the right to limit Mary's access
to the park.
Rule
With an easement, one person is able to use the land of another person without actually
owning the land. In order to enjoy and make use of a piece of land in a satisfactory manner, it
is often necessary to make use of the adjacent or nearby land of another person (Bradbrook
2011). The ability to use the land of another person in connection with a piece of land is often
so essential that it must be given the permanent status of a legal right. This permanent right is
also termed as an easement in English based law. Easements can be acquired by means of a
method called "prescription" through long-term use. The basic concept of prescription is that
if a landowner has exercised a right over the estate of his neighbours, i.e. not by force or
permit, and for a long time, the landlord has effectively surrendered his right to object to that
right and has given that right to be made legal (Esmaeili and Grigg 2016).
In order to file a suit under right of way by prescription, one must demonstrate its
components, those are; first, the landowner must demonstrate that he has exercised the right
without interference for at least 20 years. The landowner is not required to determine periodic
use, but must ensure that any breaks in use are relatively brief. Secondly, it must be shown to
the landowner that this privilege has been applied in the same way for a span of 20 years.
Third, the landowner shall not exercise the right by force or stealth or with the consent of the
neighbour (bradbrook and MacCallum 2011).
In the case of Re Ellenborough Park (1955) EWCA Civ 4, the court held that an easement to
be a valid easement in law using a communal garden. There is no necessity for all homes to
be immediately next to the garden to profit from it.
Application
In the specified scenario, for the previous 20 years, Mary has been cycling in the park every
weekend, creating by prescription a right of public way. By cycling in the same way for 20
years, Mary provides a right of way as prescribed by the right of way.
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PRINCIPLES OF BUSINESS GOVERNANCE
Mary can demonstrate that she has practiced the right without interruption for the last 20
years to create her right under the right of way by prescription. According to the other
component of easement Mary used to cycle every weekend so, Mary can demonstrate in
order to establish her right that although she used to ride once a weekend but since last 20
years it has been a constant process. Whereas according to third element the claimant did not
have had practiced the right by force or stealth. Since all the elements of the easements are
present, it gives rise to possible case of infringement of right of way.
As applying the case of Re Ellenborough Park, public garden that is used by public for years
gives right of way to the public. For more than 20 years, Mary was riding bicycle in park,
which gave her the right of way.
Conclusion
It can therefore be said that Mary has a right of way and Roger cannot impose restrictions on
such use.
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